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Chapter

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.

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Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter contrasts trustees’ very wide power to invest in any type of investment they choose with their duty to choose particular investments prudently; discusses how the prudence of trustee investments cannot be assessed by viewing individual investments in isolation but only by assessing the portfolio as a whole; and identifies the scope of the trustees’ duty to invest the fund so as to achieve fairness between beneficiaries with competing interests in the fund.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This Chapter introduces the notion of the ‘duty of care’ in negligence, and tracks its emergence and development through a series of important cases, including analysis of the Supreme Court’s most recent analysis of the duty of care. It explores the issues relating to liability, principle and policy, incremental development and the Caparo test, and incrementalism and established principle. The chapter concludes with consideration of the special case of omissions and positive duties to act.

Chapter

This chapter looks at the duty of the trustee to show loyalty to their beneficiaries. The duty of loyalty is owed by most trustees, but a similar duty is also imposed upon others who hold certain positions of trust and confidence, such as agents and company directors. The duty requires the fiduciary to put the interests of the principal above their own, not to put themselves in a position of a potential conflict, nor to receive any secret payment, profit, or commission. There is a degree of circularity in identifying when fiduciary duties are owed. A fiduciary is a person who owes fiduciary duties to another, but whether they can be characterized as a fiduciary depends upon whether they owe fiduciary duties. The essence of fiduciary duties is that they are duties of loyalty.

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This chapter looks at the duty of the trustee to show loyalty to their beneficiaries. The duty of loyalty is owed by most trustees, but a similar duty is also imposed upon others who hold certain positions of trust and confidence, such as agents and company directors. The duty requires the fiduciary to put the interests of the principal above their own, not to put themselves in a position of a potential conflict, nor to receive any secret payment, profit, or commission. There is a degree of circularity in identifying when fiduciary duties are owed. A fiduciary is a person who owes fiduciary duties to another, but whether they can be characterized as a fiduciary depends upon whether they owe fiduciary duties. The essence of fiduciary duties is that they are duties of loyalty.

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Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses breach of duty. To establish breach of duty, it must be determined that there was some misbehaviour by the defendant himself. The chapter addresses the question of whether the defendant behaved reasonably. It considers factors such as foreseeability of harm objective standard, normal practice, utility of conduct, cost of prevention, conduct of others, and emergencies. It then turns to the identification of the breach.

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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Khan v Meadows [2021] UKSC 21. The document also included supporting commentary from author Craig Purshouse.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the remedies for breach of directors’ duties, and the liability of those who assist a director in the course of a breach of fiduciary duty. Finally, it considers three ways in which a director who is in breach of duty may be relieved from liability.

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The Companies Act 2006 (CA 2006) includes for the first time a statutory statement of directors’ general duties in Pt 10, Ch 2. This chapter explains the background to the introduction of this statutory statement and discusses the duties which have been set out. The duties remain based on and will be interpreted in accordance with the pre-existing common law while evolving in the normal manner through judicial decisions. The chapter notes that the duties are cumulative and non-exhaustive and are not owed to the shareholders individually but to the company, though in very exceptional circumstances, the courts may find a duty owed to shareholders.

Chapter

Paul S Davies and Graham Virgo

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with a definition of the nature of dispositive powers and duties and how they relate to the distribution of trust property to beneficiaries or objects. They are sometimes referred to as ‘beneficial’ powers and duties. It is hard to draw the distinction between dispositive and administrative powers and duties, but it is a necessary distinction since different rules relate to administrative and dispositive powers and duties. Trustees may have various powers relating to the appointment of trust property to beneficiaries, and there are various consequences of a dispositive power not being exercised. These include liability for breach of trust and the court’s exercising the power instead. Sometimes the trustees may be authorized by the court to exercise the power late.

Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in With v O’Flanagan [1936] Ch 575. The document also includes supporting commentary from author Nicola Jackson.

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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter considers the law on the modification of the duties of trustees. Express trustees' duties are in practice often modified by the terms on which the settlor establishes the trust. Depending on its particular wording, such a modification can operate either to adjust the duty itself or to adjust the liability that the trustees would otherwise incur upon breaching the duty. Section 61 of the Trustee Act 1925 provides that where trustees have breached their duty, but in doing so they acted honestly and reasonably, the court can negative their liability if it thinks it fair to do so. Trustees also incur no liability for breach of trust if they act with their beneficiaries' consent.

Chapter

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. The law advertises the express trust device as a means by which settlors can achieve their intentions. But the mere fact of making a trust — placing the property with trustees, and putting them under a legal obligation to carry out those intentions — does not guarantee that outcome. This chapter reviews the mechanisms that help to ensure its delivery. It first looks at mechanisms calculated to ensure that trusts are performed at all. It then considers mechanisms calculated to see that they are performed properly.

Chapter

Mark Elliott and Jason Varuhas

This chapter examines the content and scope of the duty to give reasons, suggesting that giving reasons for decisions should be treated as a central facet of procedural fairness in administrative law. It first differentiates the duty to give reasons from the duty to give notice, the possibility of inferring unreasonableness from an absence of reasons, the proportionality doctrine, and the duty of candour. It then considers why reasons are required and goes on to discuss the duty to give reasons at common law. It also describes statutory duties and other duties to give reasons, paying attention to the provisions of the Freedom of Information Act 2000 and Article 6 of the European Convention on Human Rights. Finally, it analyzes the question of whether a duty to give reasons has been discharged, and provides an overview of the remedial consequences of a breach of the duty to give reasons.

Chapter

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the rules for appointment, retirement, and removal of trustees; considers whether it is true that a trust will not fail for want of a trustee; identifies the range of trust duties and consider the extent to which duties laid down by the general law may be excluded or modified by the express terms of a trust instrument; and discusses how and when trust duties and functions may be delegated.

Chapter

This chapter focuses on the liability of an occupier to persons who are injured on their premises and the Occupiers’ Liability Acts of 1957 and 1984. The discussion considers the relationship between occupiers’ liability and negligence, what makes someone an ‘occupier’ or ‘visitor’, the duty owed to visitors and to trespassers and other non-visitors, and the exclusion of liability. The basis of liability is fault, and, to visitors at least, the duty differs little from the requirements of negligence, but there are sufficient differences to make it subject to a special chapter. These differences arise partly for historical reasons, but also because of the need to balance the rights of the occupier to deal with their property as they wish and the need to protect entrants from injury.

Chapter

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in With v O’Flanagan [1936] Ch 575. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.